Paul Durai and Another vs State of Kerala

P. Bhavadasan, J.—The petitioners are accused Nos. 1 and 2 in Crime No. 1266/12 for having committed the offences punishable under Sections 143, 147, 148, 452, 294(b), 332, 324 r/w Section 149 IPC. The allegation against the petitioners is that on 25.12.2012 at 8 p.m., the petitioners and others formed themselves into an unlawful assembly, trespassed into the Vagamon Police outpost, caused hurt to the police officers and also obstructed them from discharging their official duties. The petitioners would say that the incident had not occurred as alleged by the Prosecution. According to them, the second petitioner was riding on a motor bike, which was intercepted by the police officers. He was manhandled by them. On coming to know of the incident, the father of the second petitioner rushed to the place and there was an altercation between the police officers and the petitioners. The petitioners submit that in order to escape from the mischief committed by the police officers, a false case has been foisted against them. It is pointed out that they are totally innocent and have been implicated with ulterior motives. At any rate, they have been in custody from 26.12.2012 and a good part of the investigation must have been completed by now. So, their continued custody is unnecessary. They, therefore, seek bail.

The learned Public Prosecutor very vehemently opposed the application and pointed out that the investigation is still going on. The CD was made available for perusal.

On going through the CD, the claim of the petitioners that they are totally innocent, cannot be accepted. But, the veracity of the allegation does not arise for consideration at this point of time. The fact remains that the petitioners have been in custody from 26.12.2012 onwards and a good part of the investigation must have been completed by now. Since no apprehension is expressed by the Investigating Agency that the petitioners are likely to abscond if released on bail, it is felt that the continued custody of the petitioners is unnecessary. The application is accordingly allowed subject to the following conditions:

The petitioners shall be released on bail, on each of them executing a bond for Rs. 25,000 (Rupees Twenty Five Thousand only) with two solvent sureties each for the like sum each to the satisfaction of the JFCM-1, Peermade.

The learned Magistrate shall ensure the identity of the sureties and the veracity of the tax receipts produced by the sureties, before granting bail to the petitioners.

The petitioners shall report before the Investigating Officer on every Friday between 9 a.m. and 10 a.m., till final report is filed.

The petitioners shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses. If any of the conditions is violated, the bail granted shall stand cancelled and the JFCM concerned on being satisfied of the said fact, may take such action as available to him in law.